2005-07-13_REVISION - M2000016 (6)

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DONALD L. RITTENHOUSE AND SUZANNE RITTENHOUSE Fll.E COPY 5`:7/bG Yi THIS INDENTURE, dated this ~ day of ttq ,~9H3(hereinafter referred to as the "Lease"), b~ and bett~een Donald L. Rittenhouse ar~7rd~ OSuiuzanne Rittenhouse, with their O S N at.Y .~.~ ~ Oo.X t°~':. W R r. ~..FK l-`b address being ~ - (hereinafer referred to as y~ "Lessor" inclusively) and Mobile Premix Concrete, Inc_, a Colorado corporation (hereinafter ~`' ~~%~`r" referred to as the "Company"), with its address at 1400 West 64th Avenue. Denver, Colorado 80221. WITNESSETH In consideration of the sum of paid by the Company to Lessor (which includes aid for the Option to Lease Gravel Property ("Option") under which this Lease is taken), the receipt of which is hereby acknowledged by Lessor, which sum shall satisfy the advance minimum royalty requirement identified in Paragraph 4 with respect to the period from the commencement date hereof to the end of the first year of the term of this Lease, and on and subject to the terms and conditions provided in this Lease, Lessor hereby leases, lets and demises to the Company the Materials as defined herein, in, on and under the real pcoperty situate in Weld County and described in Exhibit A attached hereto and made a part of this Lease (hereinafter referred to as the "Property"), and the exclusive right to sample, drill, and test for, develop, [[tine, quarry, extract, process, sell, use and remove them during the Term of this Lease, along with the right to locate and operate with associated uses an "Operational Plant Site," as defined herein. TOGETHER WITH the right to use and exercise the water and water rights appurtenant to the Property that belong to Lessor ("Water Rights") to the extent appropriate for the operation of the Operational Plant Site and for the extraction, removal and processing of the Materials, as well as for revegetation and reclamation, including exposure of alluvial waters to evaporation. LESSOR RESERVES the right to use and lease the surface of the Property for agricultural, hunting and fishing and horseback riding purposes and as provided in Paragraph 18 and for other existing residences and accessory structures only, provided that such uses shall cease during the times and for the portions of the Property where the Company is conducting active mining or reclamation activities and where the Operational Plant Site is located, and provided that Lessor as part of such use shall pay for, install and maintain at its sole cost any and all fencing the parties mutually agree is necessary to protect the Company's operations from interference from such uses of Lessor. Lessor shall no[ interfere with the Company's operations under this Lease in connection with such uses, and Lessor releases err-grave1.98 I